Non-Conformance. | The warranties in Clause 3.1 (Minimum Standard Warranty) shall not apply to the extent of any non- conformance which is caused by the use of the Subscription Service contrary to Cutover’s instructions, other than in accordance with the terms of this Agreement, or modification or alteration of the Subscription Service by any person other than Cutover or the Personnel (including a Customer Provider) that has not been authorised in writing by Cutover. Subject to Clause 13 (Disclaimers & Restrictions), if the Subscription Service does not conform to the warranties at Clause 3.1, Cutover will, at its expense, attempt to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
Appears in 2 contracts
Sources: End User License Agreement, Master Subscription Agreement
Non-Conformance. | The warranties in Clause 3.1 (Minimum Standard Warranty) shall not apply to the extent of any non- conformance which is caused by the use of the Subscription Service contrary to Cutover’s instructions, other than in accordance with the terms of this Agreement, or modification or alteration of the Subscription Service by any person other than Cutover or the Personnel (including a Customer Provider) that has not been authorised authorized in writing by Cutover. Subject to Clause 13 (Disclaimers & Restrictions), if the Subscription Service does not conform to the warranties at Clause 3.1, Cutover will, at its expense, attempt to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
Appears in 1 contract
Sources: End User License Agreement
Non-Conformance. | The warranties in Clause 3.1 (Minimum Standard Warranty) shall not apply to the extent of any non- conformance which is caused by the use of the Subscription Service contrary to Cutover’s instructions, other than in accordance with the terms of this Agreement, or modification or alteration of the Subscription Service by any person other than Cutover or the Personnel (including a Customer Provider) that has not been authorised in writing by Cutover. Subject to Clause 13 (Disclaimers & Restrictions), if the Subscription Service does not conform to the warranties at Clause 3.1, Cutover will, at its expense, attempt to correct any such material non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
Appears in 1 contract
Sources: Master Subscription Agreement